Skip to main content

tv   America Live  FOX News  April 12, 2013 10:00am-12:00pm PDT

10:00 am
have tried. let it go, you want it, you got it. glad he's okay and that video is getting a lot of attention, so thanks for joining us by the way. >> great fun. thank you. and thanks for joining us, everybody, "america live" starts right now. >> megyn: fox news alert on new suggestions today that senator mitch mcconnell's campaign that the possible illegal recordings of the campaign discussions are part of a well-coordinated multi-pronged democratic attempt to take him out of the u.s. senate. welcome to "america live." i'm megyn kelly. in the past 24 hours we've gotten details on attacks directed on senator mcconnell and his family. an anti-mcconnell website and ad that links his views to that of al-qaeda, and secret recordings of a private meeting at his headquarters.
10:01 am
when it was by the left leaning magazine mother jones. yesterday on this program, when we spoke to a local leader of the democratic party in kentucky who publicly identified two men who he said bragged to him about recording that meeting at senator mcconnell's campaign headquarters. our guests told us that the men are in charge of a controversial super pac called progress kentucky and say they confessed it all to him and the same super pac that made racist twitter comments about senator mcconnell's wife, elaine chao who worked for president bush. and they sought to distance themselves from the party. and riley, whose attorney confirms he's speaking to the fbi, actually attended last year's national democratic convention in charlotte and describing himself as a dell
10:02 am
delegate to that convention and indeed was listed as such on the website. and chris stirewalt from power play live. it appears based on the link i looked at, chris, he was a delegate at the democrat's convention, mr. riley was, as active in democratic party matters for some time. that doesn't make him some top democrat in kentucky, but what mcconnell's campaign is claiming and his staffers are claiming is you have to look at the big picture. and this is coming in at them from all different directions after there was a big democratic meeting a few months ago, that was designed at taking him out and they would posit, this is not all accidental or coincident dental. >> well, if you ever needed evidence that mitch mcconnell makes democrats crazy, you had it in the last couple of weeks, whether it's this recording or whether it was the stuff about his wife's ethnicity or anything else, they have been so eager to try
10:03 am
to knock off mcconnell, not just because he's the minor leader in the united states state and that would be a feather in democratic caps to say not only did we hold the senate, but we knocked off your leader, but also, no one as profit nor problematic to president obama's agenda in washington than mcconnell because he is such a master of senate arcana as he tries to find new ways to thwart the president and seemingly they would love to knock this guy off and seems that people have gotten overexuberant. >> they have come out, the mcconnell campaign and called these quote, rabid extremists who will stop at nothing and these are desperate and extreme and deplorable and went on to say that racist attacks on the family and bugging and terrorists won't stop him from fighting from the second amendment rights from law abiding kentuckiens, one of the discussions in
10:04 am
kentucky so we don't keep the viewers in suspense any longer, references to al-qaeda and mitch mcconnell are based on an ad that just came out and we'll show you part of it, the al-qaeda representative in here is adam oc gadahn speaking how easy toss to get a gun. >> who doesn't agree with mitch. >> you can go down to a gun show at the local convention center and come away with a fully automatic assault rifle without a background check-- >> there you have a flavor what's released against him. so my question to you, chris, now, by the way, mr. riley, the delegate. his lawyer has come out and said, okay, he was there, he was there when mitch mcconnell was secretly tape recorded, but he was at best a witness
10:05 am
and not a suspect and he's been talking to the fbi since the day the tapes were released and also says that saying he never entered the room, just heard the closed door conversation, apparently. and this is the spin that he was there, but it was the other guy, curtis morrisson according to the other guy, who really did it and we shouldn't be blaming mr. riley. my question is does this get tied to the larger democratic party? >> sure, in this sense, that the democrats are democrats, whether they're inside the democratic apparatus itself or working in a super pac, or whatever. and the same is true for republicans and democrats that in this complicated world of super pacs and outside groups, in the end, everybody's playing on the same larger team.
10:06 am
when you have somebody who was a delegate and somebody who has been inside party dealings in that state, that comm commonwealth and this is back firing on democrats. because mitch mcconnell had a heck after lot more to worry about with a primary challenge than he did in the general election. but by doing this, all of these over the top attacks, these democrats inside the party or outside the party have caused the republicans to rally to his flag. >> megyn: they're making him into a victim. even if you don't like mitch mcconditioncconnell do you want his wife derided, or compared to al-qaeda? you make him out as a victim. >> it's working for mcconnell and poorly for those democrats
10:07 am
outside the party hoping to scuttle his hopes for another term. >> megyn: chris stirewalt, is that your first swear on the program? >> you're a bad influence on me, counselor. >> megyn: me? happy friday. and riley's attorney is telling-- i think it's a female lawyer, her client is cooperating with the fbi and saying that he met with a u.s. attorney, mr. riley did and that they've been cooperating since the day these tapes were released. so clearly mr. riley realized early on he needed to be questioned about this matter. the attorney maintains that mr. riley did not record anything and they have admitted that he was there. we're going to have much more on this developing story including reaction from senator mcconnell's campaign just ahead.
10:08 am
and agricultural and technical state university outside of greensboro, authorities received reports of an unknown weapons. after a search no weapons were found. and messages out on twitter, classes will resume in under an hour. >> and watching a deadly storm system, a twister was caught in alabama. watch. watch. >> there's a cloud wrapping all the way around the son of a gun. >> holy cow, man. >> megyn: look at that, and the question is go where? the massive storm system blamed for at least three deaths so far and tens of thousands of people are without power and several governors declared states of emergency. there are other reports in
10:09 am
missouri, mississippi and tennessee. the rough weather started in the midwest before moving to the southeast and it's now a concern for the masters golf tournament could go on in georgia and we will bring you the latest on this storm as we get it. now a case that came to the united states in search of religious freedom is now being deported by the justice department as the administration argues they are not part of a protected class. more than 100,000 people have signed a petition on the white house website, supporting this family seeking asylum and that's significant enough to get an official response from the administration. have you heard of this case? doug? >> reporter: afternoon, megyn. this is a family that's basically followed all the rules unlike so many other immigrants and yet, they face the prospect of deportation pending an appeals court later this month. the family are devout
10:10 am
catholics and came here in 2008 to home school their six childr their native germany, home schooling is against the law. at first the united states granted them asylum, but in 2010, the justice department intervened ruling that home schooling could not be used as a basis to seek citizenship here. and the doj attempted to send them back to germany. the family is appealing and the home school defense have taken up their case and they see it as a threat to fundamental freedom. >> so this is the center of their lives. we really view it as quite alarming that the obama administration said no, it's not a right at all. we can take it away from you if we want to. >> the defenders of the doj decision to deport them believe this is not about asylum. >> home schooling may be a good idea, it may be a bad idea. it's a public policy question, not having home schooling is not being persecuted and
10:11 am
asylum is about persecution. they are not getting something they would like, that's true for people everywhere and that's why we have legislature. >> and as we said, the white house petition on their case now has well over 100,000 signatures on it. that's the threshold at which the white house says it will review it and ensure that it's sent to the appropriate policy experts and issue some kind of an official response although we don't know when that might be coming. in the meantime, their legal appeal will be heard april 23rd by the 6th circuit court of appeals at cincinnati and that decision could be months away. they're not going to be deported immediately, could be months, could be a year, but a very, very tough decision given everything that they have he' done to follow the rules correctly, megyn. >> doug, thanks. >> sure thing. >> big new developments in a gun grab as new york state police use a controversial new law to confiscate the guns from a law abiding citizen. turns out they got the wrong guy, and the new system here
10:12 am
that's supposed to result in you losing your gun if you're a danger to yourself or others, isn't working so well. this man's lawyer joins us live today. plus, the navy vet behind the flick starring jane fonda as nancy reagan, and her claims that he needs to get a life. a judge says that a unique cultural heritage of the illegal alien and his inability to speak english better than he does means he is not competent to stand trial. the defendant's lawyer is here live right after this break. the dead man's anguished family is angry. open container and banging on
10:13 am
the door for him to stop. this is a murder. >> it has consumed, consumed with heartbreak. t begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪ [ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the deliciousness you desire. the brownie of your dreams is now deliciously real.
10:14 am
10:15 am
10:16 am
>> fox news alert. we are getting news now that comic jonathan winters has died. this was announced a short time ago. winters inspired many of today's great comedians including robin williams. in the 50's his show pioneered video technology including showing up as two characters on the film together. he played the son of robin williams goofball alien in the final season of mork and mindy. jonathan winters, dead at 87. >> i can't believe that he was found mentally incompetent based on his education level and his language.
10:17 am
in the past he's had run-ins with the law and in court on other charges prior to august of 2011 and a spanish interpreter or no interpreter was used for those hearings and he's managed just fine. >> megyn: justice delayed for that grieving massachusetts mother and she's now going to wait longer. a judge ruled an illegal alien accused of killing her son in a crash, the judge finding the defendant unable to understand the u.s. legal system due to his unique culturalching and she discussed the language barrier. it's devastating news for the family of matthew, allegedly ran him down while driving drunk and then driving matthew under the car for a quarter mile as he begged for him and
10:18 am
his life and then he ran over matthew, killing him ultimately. and massachusetts governor duval patrick appointed the judge in this case and even he says he's frustrated here. >> i can imagine that this family, which has had to deal with, the family had to deal with such a terrible tragedy. they want justice, the community wants justice, i want justice. i respect the process, but it's got to move at a pace that is also consistent with justice. >> megyn: joining us by phone is peter edinburgh, the attorney for the defendant in this case. it's tough to represent certain defendants who find themselves in our criminal defense process, but we need lawyers to do it and you are one such lawyer. is there any dispute about your client's guilt in this case? >> i think at this point there is because he is still
10:19 am
presumed to be innocent and there has been no determination by any court or any admission on his part that he is guilty of any crime. so that's still left to the court system and i really don't want to comment whether he's guilty or-- >> understood. the and it's waited against the criminal defendant so we need lawyers to come in and fight for the constitution and make sure everyone's rights are protected, even the rights of an illegal immigrant and if they've committed a horrific crime. that's what we want. and i want to ask you about the ruling of the judge, it's getting pushback because given his unique cultural can go and language barrier he's incompetent to stand trial. what does that mean. >> it means he's unable to communicate with his lawyers effectively, unable to assist in his defense, he is unable to understand the concepts that surround the court process.
10:20 am
and that's where the real difficulty has come in. you can explain something to someone, but whether they understand and grasp the context in which they're explaining it is where we're having the difficulty. it's almost like trying to speak with a three-year-old. >> megyn: you heard the mother of the victim say, look, he's been in court multiple times on other charges and faces an assault and battery charge with a cop and other incidents. did one year of probation. she says he's been in court multiple times and used a spanish interpreter fine or no interpreter, so why is he unable to manage? >> well, i didn't represent him in those proceedings, first of all, and secondly, we're not so sure that he really did understand the process. the process that he engaged in in the other court that he was involved in is far different from the court that he's now finding himself. and so, it's uncertain whether
10:21 am
he really did understand. we know in speaking to spanish interpreters, i'm talking spanish interpreters as opposed to his dialect, that they have told us that they're not sure he really understood what they were telling him in spanish. he does have an understand of spanish, but that's like talking to somebody who speaks english as their native language and dropping them in spain and catching a phrase or two. >> megyn: the mother of the victim is worried you might be seeking bail for him. are you? >> no. >> megyn: he's going to remain locked up until this is resolved. he can purchase a calling card and compared for a child, a 6-year-old in the car with him when this happened allegedly and paid the bills and so on. is there a-- >> i think there's a question
10:22 am
of mental incompetence and lack of responsibility. we're not contesting criminal responsibility. this is competence to stand trial. >> megyn: we have to make sure that's there before we can try them. thank you for being here, my apologies, we've got to go up against a break. stay tuned. update on jane fonda. okay, team! after age 40, we can start losing muscle --
10:23 am
8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!
10:24 am
10:25 am
>> breaking news from washington right now. and a press conference with a congressman who sent out some racy twitter messages about singer cyndi lauper. you know, you don't do that kind of alert every day. congressman steve cowan of tennessee says he tweeted and deleted messages to ms. lauper like, great night. couldn't believe how hot you were. with the intention of promoting the sole musical tribute at the white house.
10:26 am
he says he knew that the deleted tweets would get picked up by the media. based on what happened in his past. well, what happened in his past? you may remember this is the very same congressman who tweeted and deleted messages to the state of the union to a model, who turned out later to be his daughter. so the i love you texts and so on is less controversial. and now he says he was looking to publicize the performance of ms. lauper. (laughter) that was fun. new fallout today in a case of political bias in the classroom. a wisconsin mother taking action after finding a not so subtle swipe at the right in her 8th grader's homework. witi has the story. >> i can't explain how shocked
10:27 am
i was. i was shocked when i saw it. >> it might be hard to believe that a simple crossword puzzle brought home as a homework assignment by her 13-year-old daughter could have elicited such a reaction? >> i thought this couldn't be right. >> it was two down that grabbed her attention tuesday night. i looked at it and reading the description of conservativism being that we are the party that wants to restrict all personal freedoms. it struck me as pretty much incorrect. >> it was part of her daughter's 8th grade homework on the subject of liberalism versus conservativism. what do i do with this? where do i go. how do i stop it? >> after a friend posted it to social media, the school received calls. and called about the assignment. >> she was very, very sympathetic and said, it was horrible, it's not true.
10:28 am
you know, the teacher feels horrible. >> issued the following statement regarding the lesson, at union grove elementary school we have always encouraged parent feedback and have strove to y disapproval nced curriculum. associated with this particular stiement. we will continue to evaluate materials used in the classroom. and now she's hoping that parents understand they can have a role in what is taught. >> we have to be involved as parents, otherwise there's nothing to do. >> megyn: they regret the disapproval associated with the assignment. our thanks to witi's report. and she's happy with the way the school handled the situation. and she says she has a hard time the teacher didn't know what was taught in the lesson consists of 50 pages. so often, who? what? what does it mean? i didn't read what i gave your
10:29 am
kids. oh, joy, moving on. the woman once referred to as hanoi jane telling a group of vietnam vets to get a life, that's a quote, after they protested her upcoming role in a film. today we'll speak live with the man organizing this effort and he's got a bit of a response to ms. fonda. you'll hear it here live. and in kelly's court, a bevy of beauticians and a multi-million dollar lotto win. can the employ hewho's accused of styling herself as the stole winner, prove, prove that the winning ticket was in fact not one she ever meant to split with her co-workers? she has a pretty amazing defense we didn't know about when we first did kelly's court on this. so ground two takes place today. ♪
10:30 am
[ male announcer ] how do you measure happiness? by the armful? by the barrelful? e carful? how the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless.
10:31 am
10:32 am
10:33 am
>> a troubling new developments in the showdown for north korea. a pentagon intelligence report finding that the regime is capable of putting a small nuclear device on a missile. this is going beyond the previous assessment of the capability. secretary of state john kerry is trying to downplay the
10:34 am
report. today the communist dictator warning that tokyo would be the very first target in the event of a war if it, quote, continues to maintain its hostile posture. >> well, there is a trial unfolding in pennsylvania, so shocking and horrifying, it ought to be front page news and the subject of network news report every night. and today, we are looking why it is neither. and a little reassurance before we start going down this line. we are going to spare you the awful details, but we are going to talk about the case and the lack of coverage of it. joining me now kirsten powers of the daily beast columnies and fox news contributor. and molly hemingway, the get with it blog. and thank you both for being here and i hope that the viewers and you will forgive me. i don't know how i feel about covering this, if i weren't pregnant, but i am six months pregnant and i really don't
10:35 am
want to discuss the details of these abortions and no one really wants to get into the details of what this so-called doctor is accused of doing at this clinic for the better part of almost two decades. but the problem is, kirsten, we in the media don't get to decide what the news is. i didn't want to discuss 20 dead 6-year-olds at newtown, connecticut either, but that's the news and we had he no choice, but to cover it. and we talked about the total near absence of even a mention of this trial. not just by major publications, but by the health reporters, devoted to working for said publications and let me give you the first crack at it. >> yeah, molly has added to this in asking these health care reporters why they haven't covered it and i think that whatever your position on abortion is, even if, you know, you're pro-abortion rights.
10:36 am
this is a story of interest to everybody because if you read the grand jury testimony, they have not-- this clinic has not been inspected in 17 years and he was in violation of regulations and to me, isn't that a health care story, that you have a clinic that's violating the law and that the health department isn't investigating it? that seems like something that should be of interest to health care reporters and i think that there is just absolutely no excuse to not cover this. the media loves trials and if it bleeds it leads. and they'll cover thing, like dave covered out, poop crews, nonstop coverage because toilets were backed up on a carnival cruise. you look the at things he they choose to cover and something overwhelmingly news worthy, there needs to be questions asked about what's going on. >> megyn: and the so-called doctor kermit gosnell accused
10:37 am
of homicides, seven of babies and one of a quote, 41-year-old mother. and with the babies, according to the prosecution. let's suffice to say late term abortions were no problem for the doctor, according to the evidence that's introduced at trial. i mean, wailing babies, let's leave it at that. these are not six week old fetuses, these are babies that are kicking in their mother's wombs. molly, you actually did some investigation on this, having read kirsten's piece and started calling reporters who cover the health beat from various publications and asking, why, where is your coverage of it? tell us what you found. >> i've been writing about media problems with covering abortions for years.
10:38 am
aft after reading kirsten's article, when covering, when everybody does it. and personally, why did you participate in the gosnell blackout and i asked questions, one of the reporters i asked was the health policy reporter at "the washington post." >> megyn: sarah cliff. >> she's written over 80 stories on sandra fluke, todd aiken, todd aiken's stupid comments about rape, and the coleman foundation, and the foundation that stopped and she got 80-plus hits. and i asked her why haven't you written a single story on gosnell and she explained-- >> and she got back to you and she published what you wrote to you. hi, molly, i cover policy for "the washington post" not local crime, hence why i wrote about the policy issues that
10:39 am
you mentioned. so this to her is all about local crime and has nothing to do with policy, which even if you accept that, you point out in your piece, really? and was that the case for so many other stories, yeah. >> she herself had-- there are local crime stories, what happened in connecticut has that been handled as a local story. hardly. every outlet is pushing for gun control and asking every politician what they're going to do about this. and part of how this become a national issue, ask the officials what's going on. >> here we have a question that the president of the united states could be asked he fought against protections for the children born alive in the illinois senate. a good question to ask there. >> megyn: he did and you point that out and nobody's asked president obama in the wake of this trial why he once voted against the born alive victim
10:40 am
act. can i ask you, kirsten, we have not been covering this story in great detail because it's so horrific and so horrific. pregnant or not pregnant it's too dark to talk about the murders of these babies and the testimony has been so gruesome, it's a hard subject to, you know, put on the front page or in your program every day. >> well, but fox has covered it at least ten times that i know of. maybe they haven't been doing wall to wall coverage, but they have covered it and i think what's different, and i think when you look at a health care reporter, it's a slightly different situation, who does deal with, you know, she's saying policy issues, well, that is policy issue, a regulatory issue, read the grand jury report. it's a horror show how the government wasn't doing what they were supposed to be doing, and enforcing the laws on the books. and that is a policy issue
10:41 am
that needs to be looked at. >> and, but i have to go-- why do you think this is? is it that these are pro choice reporters who don't want to cover the very dark places that abortion being legal in this country, can go? >> well, look, i try very hard to avoid ascribing motive to people which is why i like what molly did, and dave wygle wrote a great piece and said speaking on behalf of the media, we're all liberals and pro choice and makes people uncomfortable and that's kind of where they're coming from. i'm not going to ascribe that to people. they need to tell us why they're not doing this because i don't think that being liberal means you don't care about this. i'm liberal and i don't think that-- it i look for democrats, i'm not trying to overturn roe vs wade. that doesn't make late term abortion okay. >> megyn: there's a responsibility as a member of the media, you know, we have a responsibility to cover even
10:42 am
the hard stories and the viewers, you know, i mean, to some extent. they have a responsibility to consume this at some level. we're talking about the most innocent among us, and this is not, do you favor abortion, do you not believe in abortion, this is hate term abortion with infants born alive according to the state, doing it with impunity for years. listen, thank you for calling attention to it. >> thank you. >> thank you. >> megyn: coming up, we have significant developments in the fbi investigation who secretly recorded the top republican in the u.s. senate at his campaign headquarters. and one of the men seen at last year he's democratic convention is helping the feds get to the bottom of this, so his lawyer claim. and the woman once referred to as hanoi jane is telling he, a vet, he needs to get a life. why? and he has a response to her next. anyone have occasional constipation,
10:43 am
diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. [ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. ocuvite. help protect your eye health. before algae became a revolutionary fuel source... before students were flocking to bioengineering courses... before the birthplace of california became the cradle of 750 clean-tech companies... some researchers, entrepreneurs, and bankers shared a vision that helped foster an industry. that's the power of connecting minds and technology to fuel a nation's future. that's bank of america.
10:44 am
10:45 am
10:46 am
>> well, the woman once referred to as hanoi jane now at the center after new controversy. as a former navy vet calls on folks to boycott the upcoming film given the actions during the the vietnam war. miss fonda has an action for the vet and others, telling him quote, to get a life. the founder of the facebook page boycott hanoi joy playing nancy reagan. and the movie is called "the butler" about the butler that spanned several administrations and several left leaning actors, that may be redundant, and john cusak playing richard nixon and jane fonda playing nancy regan.
10:47 am
first tell us why you find it so objectionable. >> first i want to give honor to my brother pete wright who served in vietnam and was killed. from an early age i was taught about what she did in vietnam and i had never endorsed her in anything in my entire life. when i had found out that i was on the computer and i had found out that she was going to play nancy reagan, that was just to me, that was enough. and i had talked to young people at my work and other places where they didn't even know who jane fonda was, they thought she was an exercise guru or you know starred in stupid movies and that's all they knew about her. when i talked to them about her, they were like wow. when i saw she was going to be playing this part, i decided to go ahead and say, let me see if other people feel like i do. and so i made this page to boycott it, i knew that they wouldn't change having her in the movie, but i wanted to see
10:48 am
if enough people were as mad as i am about her portraying nancy reagan and they are. >> megyn: and let me jump in, these are pictures of jane on the anti-aircraft carrier who were fighting us in the vietnam war. >> and she was sending radio messages out to the troops and demoralizing them and tells me to get a life and tell the vets to get a life. there are 58,000 names on the wall of soldiers and sailors and military men that have died that don't have a life. i wonder if that even makes her think-- >> and let me tell you what she says. she says, look, i have expressed regret for this picture and this moment. i've apologized she says i don't apologize for fighting the vietnam war, i didn't want to see any more war, and end the killing. she says she's sorry he she hurt them, sorry she hurt vets
10:49 am
and americans so offended by what she did. can there be no redemption, no forgiveness in the wake of that? >> not 16 years later. really, you don't apologize for treason, you should go to jail or shot. i'm not saying that should happen to her, but she never really paid the price for even, you know the apology from what i heard was in new england where she apologized to new england vets because she was someone that moved there. you know, 16 years later and we're supposed to go, okay, no problem. you know, the thing that bothered me-- >> the picture was 72 and the apology was in '88, go ahead. >> that's ridiculous, you know, look at what her quote is right now. and you really think she is any kind of remorseful? she's not and we know it and when i made this page and now as many people that are on it right now i'm not the only one that's not going to forgive or for get. you know, i'm not going to
10:50 am
watch any kind of movie or buy anything with her in it and maybe the american people maybe make a choice and now what? we've had enough of her and maybe not see this movie and i home it bombs. >> megyn: and in the hollywood reporter, if it causes more hoopla, i figured it would tweak the right, who cares. larry we shall find out whether anyone does. thank you for being here. >> thanks for having me. >> megyn: just ahead, new developments on a gun grab in new york state where state police have used a controversial law, brand new, to confiscate the guns of a law abiding private citizen and when that man hired an attorney, had to come out and admit, we got the wrong guy. that's next.
10:51 am
10:52 am
10:53 am
10:54 am
>> i'm here to say, i've got spunky fresh rhymes in a major way. i'm white like casper and a dog named jasper, if bee johns, if you love castro stick with jay-z, if you love freedom, pick dp, that's me. >> megyn: that was my friend and former press secretary dana perino co-host of the "the five", trying her hand at rap after a battle of words against jay-z and jc, jay karn carney over the trip to cuba. jb i call her, julie banderas. >> i will not be doing rapping for the record, but jay-z is rocking the both with b-o.
10:55 am
there are reports the two are friendly, but the white house says it had nothing to do with jay-z's he recent trip to cuba. the fallout after the president mentions the president in a song he released after the married remusicians, jay-z and beyonce returned from the trip to cuba. that drew criticism how they got permission to travel to the communist run island. and in the song open letter, jay-z, president obama he may be in hot water. >> white house, said, yeah, i don't agree with sean penn, and (bleep) distort history. >> i just want to whistle along with that tune. and jay carney reiterating the treasury department handled
10:56 am
it. >> the white house the president on down had nothing to do with anybody's person-- anybody's travels of, something that treasury does. >> and something that rhymes with treasury for more coverage-- and casper with a dog named jasper. see you, julie. >> see you. breaking news in the criminal investigation into the folks behind the alleged bugging or tape recording from senator mitch mcconnell's campaign office and much more on the gun grab. get this... [ voice of dennis ] driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? i'll believe it when i--- [ both ] oooooh... [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein...
10:57 am
fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure! nutrition in charge! i love to golf. ♪ [ grunts ] yowza! that's why i eat belvita abreakfast. it's made with delicious ingredients and carefully baked to release steady energy that lasts... we are golfing now, buddy! [ grunts ] ...all morning long. i got it! for the win! u mas! getting closer! belvita breakfast biscuits -- steady energy to do what i do all morning long.
10:58 am
10:59 am
11:00 am
>> fox news alerts. 24 hours after kentucky democrats point at a super pac or secretly record a campaign in kentucky and we have new developments with the fbi probe. brand new hour of "america live," i'm megyn kelly. the fbi is talking to the director of the liberal super pac progress kentucky. that's a man named sean riley, he's seen here at last year's democratic national convention where he appears he's a delegates. his lawyer says he's cooperating as a quote, witness, but not a suspect in the investigation. the fbi not commenting on that. and yesterday, on this show, a kentucky democrat told us about an encounter he had in
11:01 am
which he claimed that mr. riley brags to him, along with another man, about leaking this recording. about taping this recording outside of the offices, unbeknownst to the colleagues. on the tapes leaked to mother jones magazine, conversations are heard and focusing on ashley judd, who was at the time a potential senate challenger to mr. mcconnell. she has since then she she will not run. james rosen has the story for us live. >> the attorney for sean riley confirms that there's a witness to the events and not a target. and another key individual in this case who is cooperating with federal agents. fbi sources tell fox news this probe is in preliminary nations and focused first on determining whether a crime or
11:02 am
crimes were committed. the case broke on tuesday when mother jones published portion of the tape, the recording apparently made at the campaign offices. and despite assertions that neither riley nor the super pac he directs, progress kentucky enjoys any affiliate with the democratic party, he's pictured at the democratic convention as a delegate. he was on america live, and nation at large first heard from jacob conway, he told you that riley and reputed associate curtis morrison bragged about this recording within a day after the conversation happened and conway told you yesterday he had not talk with the fbi. by the time conway spoke with the affiliate in louisville, this seemed to have changed. >> i told the fbi everything i told you, everything i told
11:03 am
cnn, everything i told every other reporter who apparently decided that i'm news worthy. >> so he has now spoken with the fbi. >> one final notes, washington basted affiliate and crew, asked the fbi and senate watch dogs to probe whether this showed senator mcconnell making improper use of staffs. aides note that representatives from crew and mother jones attended a secret meeting of liberal activists in january at which mcconnell was named as a prime target of their concerted efforts. >> megyn: thank you. a little bit for about eavesdropping and recording private conversations. eavesdrop to record, hear or transmit another part of the conversation without consent of at least one party to the conversation. federal law and kentucky law require one party consent, one may secretly tape record another so long as at least one of the parties involved in
11:04 am
the conversation consent to that recording. at the federal level, eavesdropping is generalpunishay up to five years in prison, and a class felony, one to five years in prison and mr. riley claims through the attorney, that he did not tape record it, he was with the guy and he did not do it himself. that may not exonerate him because it's a crime to divulge illegally obtained information. so if mr. riley was there, saw it happen and in any way participated in divulging it to mother jones, all facts that will come out in the coming investigation, he still be in criminal trouble. we shall he see where this goes. >> we're seeing scary numbers today from wells fargo, raising a red flag about our current economy and the retirement picture for millions of people. the bank says the number of
11:05 am
older americans now taking out loans against their he retirement savings, against the 401(k)'s, jumped more than 25% in the fourth quarter of last year. and melissa francis thinks that's a bad sign and she should know because she is the host of money with melissa francis on the fox business network, and the folks need their money and they're taking to borrow against the 401(k) in a perfect world, but they have to do it. >> this is bad for so many reasons, it's called the hardship loan and called that for a reason. you're only supposed to take the money out if you have a medical necessity so you can see that, you have some sort of death in the family, surgery, something serious and you borrow the money or buying a new primary residence, the other reason you're allowed to do it, but we're seeing a jump in the number of people, 28% and the amount of the loans, it's up 7% now, the average loan is $7100 and-- 7126, so all of that is going up. the age of the people doing this is going up as well.
11:06 am
and these are people in their 50's and that's probably the scareiest thing of all, these are people supposed to be holding steady, building their nest egg, instead they're raiding it. >> megyn: they're ten years away from retirement or so, and putting money in and planning for the long-term because in a perfect world retire at 65 or so and live off the money, instead they're taking it to pay today's bills and part of what we've been seeing and some folks refer to as a jobless recovery where the companies are doing okay. they're not hiring anybody, the stock market is going up and that's supposed to be good for the 401(k)'s and the only place that anybody has any money though. >> it's tough and you made a couple of great points here. this is a time when you should be be growing your 401(k). that's the only thing returning money. while they pull it out. it's not growing, not earning the interest and also the scary thing is age of these people, like you said they're in their 50's and they're becoming more and more the sandwich generation, they're supporting their children and
11:07 am
their parent and of that's a lot of the reason they're force today borrow, paying for the wings of their family and trying to-- >> and it's an ongoing cycle. when he they reach retirement, the money is no longer there and require more social security payments and so on and their children to help support them. >> yeah. >> megyn: so, i mean, this has a tricken down effect. >> it does and we want to come up with solutions, what could we do to stop the problem. and number one, the biggest driver has been wages, and flat. if your wages were going up. you don't need to borrow, that's a big thing. but you have to look how you're spending the money and experts say the first thing to do, look what you're spending on your kids. that's probably a thing you would change the most easily. a lot has to do with paying for their education. >> megyn: it's so expensive. >> a lot of that money is wasted when see people going to expensive schools, studying things that may or may not be jobs for going forward. you have to be diligent and
11:08 am
have tough choices on it's kids education and. >> megyn: what is it, one out of two gets a job now and coming out of college. and i can't saddle them with debt, too, i have to help them pay for college. >> you're saddling them with your debt. because if you don't save for your own retirement and that's a gift tore your children to say i will be able to pay for myself and my retirement and you won't have to worry about me, both are still for your kids and having them go and pursue an education that isn't going to pay off or going to an expensive school, that's not doing them a favor either. >> you're going up against a philosophy major. >> i don't think so. but if you think you can make a fortune being a famous philosopher, go for it. maybe you can there are a lot of engineering jobs out there. maybe consider that. >> megyn: all of us good at math? >> oh, i know. >> megyn: melissa francis, she's smart and went to harvard and knows what she's talking about.
11:09 am
you can watch melissa talk about money and other issues on the fox business network, monday through friday, 5 p.m. eastern time. fox news alert now on new evidence that north korea could test fire a missile at any moment. this just one day after a secret pentagon report is accidentally released warning that pyongyang may be able to arm a nuclear missile with a warhead. something that secretary of state john kerry is attempting to deny. and joining us from seoul which is miles from the north korean border, greg. >> reporter: secretary of state kerry, megyn, has his work cut out for him. he landed here in seoul trying to head off a possible missile launch by north korea. he said that that would be a huge mistake, and it would further isolate pyongyang on young leader kim jong-un. listen to more of what he had to say. >> we're all united in the
11:10 am
fact that north korea will not be accepted as a nuclear power the rhetoric that we're hearing from north korea is simply unacceptable by any standa standard. he dealt with the pentagon report claiming that north korea could be close to putting a nuclear warhead on top of a missile. he called it inaccurate, but warned that pyongyang is making dangerous advances for its part in the regime said it would never abandon its nuclear program and from the capital of that country prepared for a monday, and that's a possible target date for a launch, and kerry said the u.s. is in favor of new talks and aid of impoverished north korea if it goes in line with international demand to rein in its suspected nuclear program. kerry is headed for china tomorrow and that north korean ally is key player in all this.
11:11 am
back to you. >> megyn: greg palkot. thank you. a gun grab where state police used a controversial new law that was passed in the wake of a newtown massacre, to confiscate one man's gun and can do it if they have the right health, and after he hired a lawyer, it's a big mistake. his lawyer is not happy and he joins us live. plus, someone mailed a bomb to the toughest sheriff in america. wait until you see how close the explosives got of falling into the hands of sheriff joe arpaio. and former secretary of state condoleezza rice being ripped by joining augusta golf club and why they're calling this, quote, an embarrassment.
11:12 am
11:13 am
11:14 am
>> arizona authorities are pursuing leads in connection
11:15 am
to a mail bomb addressed to the man known as america's toughest sheriff. an explosive device was intercepted in flagstaff before it arrived at the phoenix office of maricopa county joe arpaio, it appeared suspicious and x-rayed. sure enough they saw wires and explosives and a detonator and a bomb squad was called in to neutralize the explosives. he's known for tough treatment and cracking down on illegal immigrants. as the world's golf greats play round two in augusta georgia. former secretary of state condoleezza rice is one of only two women to be admitted to augusta national, historically a boys' only. and a signature green jacket backlash from some has hit online and elsewhere.
11:16 am
some calling her a traitor, and missed an opportunity to make a point. even that she should be ashamed for accepting the invitation. mark levin hull hill, said i don't speak for anybody except me. he said this, in the transcriptionist's remarks. and i think this is disturbing and even shameful that condoleezza rice allowed herself to join this all white, basically all men basically club with no set of demands no requirements no set of interests presented on behalf of the people excluded. if you're the only black person in the room, if you're the only woman in the room, condy, you're probably in the wrong room. you should be ashamed of yourself. and your reaction to that? >> i'm a named ashamed of his remarks,
11:17 am
what does he think about the first lady, and there's a barrier crossed. if you will. a pioneer, anyone breaks a barrier for whatever reason, they shouldn't do it. didn't she make a point, condoleezza rice when she joined the club. didn't they make a decision to open it to women which was already done. so what does mark lamont hill say to shirley wright, rosa parks and those regardless of color. and susan b. anthony, what does he say? he says i can't speak for dr. rice, i don't know what's in her head or heart, but i know for sure that her move was sell have is-- he selfish and disappointing. so if you break the black box you're supposed to be in. i know mark, i've been down with this road with him for years.
11:18 am
if you break out of the black box, they're going to denigrate you, demean you, say you didn't do enough or shouldn't have done it, when in fact it's not up to you to decide what the choice is. >> he does speak to that comparison and sent out tweets about it, you're comparing condoleezza rice to jackie robinson and rosa parks as you just did. such comparisons are not only inappropriate, but also disrespectful. he doesn't elaborate on that, he goes on to say i'm not criticizing for her being the first, but not making her membership congressional on real change. they do allow women at augusta as members. >> that changed. >> megyn: and allow african-americans at augusta and i think that tiger woods was the first or one of the first. >> right. >> megyn: so they've had other black members and now she and another woman are now the first female members and he seems to believe she should have said, thank you for honor, i appreciate it and now if you can prove to me that you're actually going to be a little more open minded to allowing women and
11:19 am
people of color as owe supposed to what mark lamont hill claims are tokens. >> right. >> megyn: then i accept the green jacket. >> why didn't he call tiger woods a token, because tiger woods is black enough and on the-- and condoleezza rice first black secretary of state of the united states and broke a barrier with her accomplishments and he calls her a token. it's interesting that mark lamont hill uses the word token to describe her, but it's something that used to describe anyone who doesn't agree with them. it goes back to the hypocrisy of this progressive thought, even more than just liberal thought, that we decide what is appropriate action. >> megyn: well, how do you-- i mean, taking up, i should point out in defense of augusta. ten years after an activist of the national council of women's organization made a big deal about this and said, listen, we need women at this club, get out of the dark ages and they said
11:20 am
in response to her, we're not going to change policies at the point of a bayonet, she's celebrating this, we won, if we hadn't raised this and kept it alive, it wouldn't have happened. and it's a good step. she's happy with it, but he seems to be saying you can't go without coat tails, you've got to go in there and push for other women to follow, for other people of color to follow and he thinks she's shirked that responsibility. >> look what the president said about the warren commission and civil rights that they should have gone further. they believe in socially engineering and i'll use myself as an example, close, but not similar. the women' national republican club is a women-owned club for republican women here in new york city. i became a member, and men associate members, henry eta wilson and-- >> and for years it was women, and instead of complaining, i'm
11:21 am
going to their dinner in two weeks. >> megyn: you lead by example. >> you lead by example. >> megyn: you do the glad handing and you show them, trust he me when i tell you you want more like me, whether it's male, female, black, white, what have you. >> they want to put you in this box and this is the constant drum beat. we're americans and believe in quality and opportunity. she set a standard and broke through another barrier and should be applauded and not put down or derided or denigrated by mark. >> he talks about, he can't know what is in her head, but some people are happy to be the only black, latino or women in the room and they find pride in their own exceptionalism. so he it does appear he had some thoughts about her. i've got to go. >> self-proclaimed tolerance, the most intolerant people in the world are those self-proclaimed tolerance and he fits. >> megyn: thank you. a group of hair stylists who
11:22 am
claim they were cut out of their share of a multi-million dollar jackpot by a co-worker who was supposed to buy tickets for the office pool and claim she secretly bought one for herself and now she says she can prove it, and how. card hassles?
11:23 am
11:24 am
introducing chase liquid. the reloadable card that's easy to activate and can be used right away. plus, you can load cash or checks at any chase depositfriendly atm and checks right from your smartphone. get rid of prepaid problems. get chase liquid.
11:25 am
♪ >> no he need to ask for it, it's happening. not this year in new york, but news in the state of maryland which is proving when it comes to taxes, when it rains it pours. fresh off approving a tax hike on gasoline want to tax the rain that falls on a person's property. so-called rain tax is designed to pay for environmental
11:26 am
cleanup, but has some residents feeling hosed. molly henneberg live from washington, molly? >> yes, megyn. i've got so many things to say about your lead-in music and i'll go right into the report. if you live in one of the nine largest counties in maryland and if your home has a roof or a driveway or quote, impervious surface that doesn't absorb rainfall, get ready to pay what's called a rain tax starting in july. the environmental protection agency told the states to border the chesapeake bay to reduce storm runoff to go on a quote, pollution diet, as the epa calls it. some opponents say the epa may not have the ability to set the standards, maryland is trying to meet the goal. the obama administration did not provide funding so maryland taxpayers have to foot the bill, hence, the new rain tax which will cost the average home owner, 50 to $200 a year and
11:27 am
critics say businesses will be hit even harder. >> and a shopping center where you have a parking lot, the impervious tax will cost more than at property taxes and leaves them no option, buts pass on to the tenants and the goods and services in the state of maryland will go up in cost. >> when it passed the new pollution standard for the chesapeake bay in 2010, it will have significant benefits beyond the chesapeake, cleaning up rivers and waterways that support local economies and serve as drinking water sources. how much will the state determine how much they have. satellite images, the eyes in the sky. megyn. >> megyn: the nerve of these people having houses with roofs. >> and driveways. >> megyn: they will be taxed,
11:28 am
yes. molly, thank you. >> thank you. >> megyn: dramatic developments today with a gun grab in new york state where the state police used a controversial brand new law to confiscate one law abiding citizen's guns. that man got an attorney and now the state police have been forced to admit they got the wrong man. they are now blaming the county clerk who says this whole system is a mess and is calling on the governor to throw this law out. saying nobody bothered checking how it would actually work. they're here live next. and a bevy of beauticians tearing each other's hair out, and 9 million at stake. and one employ he eclaims she went in and bought the tickets like she was supposed to and also bought an individual ticket and that one was the winner. thee beauticians got the state lottery office to not pay it out while they litigate the claim
11:29 am
and wait until you hear the defendant's interesting, somewhat compelling defense in kelly's court. ♪ [ male announcer ] how do you measure happiness? by the armful? by the barrelful? e carful? how the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do.
11:30 am
of mild to moderate alzheimer's disease is exelon patch. now with more treatment options, exelon patch may improve overall function and cognition. your loved one can get a free 30-day trial. and you can have access to nurses.
11:31 am
it does not change how the disease progresses. hospitalization, and rarely death, have been reported from wearing more than one patch at a time. the most common side effects are nausea, vomiting, diarrhea, fall, loss of appetite or weight, application site redness, and urinary tract infection. the likelihood and severity of these side effects may increase as the dose increases or if patients weigh less than 110 pounds. people at risk for stomach ulcers who take certain other medicines should talk to their doctor as serious stomach problems such as bleeding may worsen. patients may experience slow heart rate. free trial offer for them. nurses to talk to for you. visit ♪
11:32 am
>> we have breaking news out of new york city where a law abiding gun owner was targeted
11:33 am
under a controversial new law and forced to turn over his seven firearms because of a supposed mental illness. now, he hired an attorney and turned over the guns, hired an attorney saying what is going on here. ultimately the police admitted they had the wrong man. we have the lawyer and the county clerk getting some blame, he says wrongly. screen left meet chris jacobs, the erie county clerk, and on the right, an attorney specializing on gun law. there's a slight delay even though you're only coming to me from buffalo. and the identity has been made public, david lewis turned over the guns he had, all right, okay, i guess so and then said to you, what the heck is going on here and how long did it take for the police to admit to you, whoops, we have the wrong guy? >> well, megyn, thanks for having me on and david was
11:34 am
informed on the 2nd or the 3rd of april that he was to take his guns to the local police and give them up. which he complied with on april the 5th and then subsequently, the state police about three days later admitted that they had made a mistake. >> megyn: now, the way, just so our viewers know. it was always the case that your psychiatrist or psychologist would have to report to authorities if they thought you had become a threat to yourself or others, but this new law passed in the wake of newtown now adds another layer and says, then the people, the county basically to whom they report that information has to call the state police and figure out whether you have a gun lights and the state police have to call the county clerk, go get said person's guns. now, i want to go to chris because you are the county clerk
11:35 am
in erie and you received a call from the state police about david lewis and did what you were supposed to do and then the state police called you back and what did they say? >> well, actually what they said to us originally was not-- it wasn't just a call, it was a letter with the name of the individual in question, their date of birth. i mean, their address and the number of the pistol permit and attached copy of the state's copy of the individual's pistol permit. so they attached the information and our role is really an administrative role and what we do confirm that this individual had an active pistol permit and then conveyed that to the supreme court judge, the new york supreme court judge that oversees the licensing function of this and he acted on this, issuing a suspension bending a hearing, but with a few-- it was about a week later that we got a call from the state police saying they had the wrong person. >> and i know you say look, this
11:36 am
is an infringement on people's rights and they passed this law, and how it would actually be implemented, you think they need to go back to square one, tell us why. >> well, in this instance, i think that the someplace made a huge error and more broadly now we're getting into finger pointing, but i think more broadly we have been concerned at all the county clerks around new york state, most about pistol permitting, are concerned about the law and how quickly it was passed and on various level expressed concerns that they had not been brought in on the process and how something like this had been implemented. not just county clerks, but sheriffs folks in the mental health fielder are concerned. and veterans administration says they will not be involved in the reporting, concerns about the way it was written and a deterrent to come in for treatment. it was written in in a couple of
11:37 am
days in the middle of the night and people did not have the opportunity to be engaged and if they really wanted a thoughtful piece of legislation on the element. they need to go back to the drawing board. >> and they had a brief history with the mental health professional and so when they said we're taking your guns, he was a little confused, but he assumed initially that this must be pursuant to the new law. how did he get in the bottom of, wait a minute, it wasn't based on that and this is totally unfair and not the right person. >> we determined that it couldn't be my client right after they interviewed him and we asked him for his history and then after going over his history, his life in western new york and investigating his background, we determined that it had to be a gross error on the part of the new york state
11:38 am
police, we feel that the erie county clerk has no liability in this matter and the state police should have conducted an investigation, they did not. and the erie county clerk has no inge investigatory resources and no ability to investigate anybody or anything, so the erie county clerk is safe harmless in this particular area. >> that's the man sitting next to you, and so let me just jump in and tell the viewers, the reason this has become an issue, now the state police appear to be blaming our guest, chris jacobs, the county clerk and came out with a statement, very long, but the sum and substance of it. the notification to the erie county clerk followed additional follow-up before we could make a positive i.d. of the person and went on to say that the state police was very clear in its letter to the clerk's office regarding the need for due
11:39 am
diligence and identification by the county. the final determination whether to revoke or suspend a pistol perm permit, and they have no authority whether to revoke a pistol permit in the circumstances. we have a situation here, chris, they don't take responsibility. you say, look, i'm the executioner, i'm unfortunately for me under the law i've got to do what they tell me to do so he who came up with the wrong name. >> well, that's exactly it. we actually did positively identify the individual that was given to us from state police and we identified this individual that resident of erie county and handled the pistol permit and that's the extent of the information that we have. again, as was mentioned we don't have an investigatory role beyond that and we actually, by law, don't have that. it's local law enforcement and
11:40 am
the state that does that, and if you read the law, the letter that the state sent to us with all of these qualifiers, that we have to look and do more due diligence is really inconsistent with the laws written. it's the state police and division of civil rights, yeah, the division of civil rights, i'm sorry, the department of justice on the state level. that and if you look at the safe act done by the governor, it states clearly that the division of criminal justice is charged with doing the due diligence. >> yes. >> so all of these things on top of the fact that the governor's always said that the passage of the new law would not be a burden on local government. if we had to ramp up a new investigatory wing and that --. >> with all due respect of the burdens of our government workers, people are worried about their rights and the government showing up and taking their guns, law abiding citizens, we were assured by
11:41 am
everybody was not going to happen, but jim, it happened in your client's case and he thankfully went the extra measure and hired an attorney. a lot of people don't have the dough to do that. are in place for those people who just think this is wrong, but i can't hire jim tressman. >> that's, that's true, megyn. the problem is, we have constitutional rights that should be enforced by every level of government. that's our fourth amendment, our fifth amendment, our 10th amendment, our 14th amendment. all of our rights should be enforced by all of our officials, all of our governmental officials, the governor, the state police and the local police officers and police departments. this didn't happen in this case, and i suspect it's not going to happen again in the near future. due process rights have gone by the boards. everybody in our country is
11:42 am
entitled to due process, that is a hearing before any charges are made against you. in this case, the charges come first and then the due process takes place. that's backwards. it should be the other way around. >> megyn: and i know that you're now pursuing a lawsuit to try to rectify this situation and others, including you, chris, have said the government needs to go back to the drawing board on this. we shall see what happens. gentlemen, thank you for being here. we're taking your thoughts about that on twitter: @megyn kelly. coming up next possible major development in a popular kelly's court case, involving a bevy of beauticians and a multi-million dollar lotto win. can the employee accused herself as the winner. possibly have a ticket that she
11:43 am
never meant to split with her coifed co-workers? kelly's court takes an interesting twist next. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!
11:44 am
11:45 am
11:46 am
>> kelly's court is back in session today. a possible game changer in a lawsuit we told you about back in february. a bevy of beauticians claims they were cut out of a share of 9 million by the co-worker, christina shaw, she says she bought the group tickets, but also bought some for herself and the winner was from the group she bought for herself. just last month the judge ruled that miss shaw could not the collect the winnings until this case played out, but now, miss shaw says she can prove the winning ticket was always hers alone. and wait until you hear how. joining me now jonna spilbor, former prosecutor and now defense attorney and david wohl now a defense attorney.
11:47 am
i find this fascinating because she's got some proof, david. tell us what it is. >> well, megyn, she has a ticket that happens to contain the birthdays of her children and grandchildren on it. now, ladies and gentlemen of the jury and kelly's court listen to the evidence and listen closely at 2:26 p.m. she buys 27 lotto tickets, quick picks, that are from the pool, and those are the tickets. a full two minutes later, 2:28 p.m., that's a long time when you consider how quickly these machines spit out the tickets, she buys one ticket that has four sets of numbers, two sets of those numbers are the birthdays of her kids and grandkids and one of the quick picks on the last ticket is the winning ticket or the winning numbers and that's how she isolates the ticket as being hersen hers personally alone and therefore, ladies and gentlemen, find for my client. >> megyn: jonna if all that is
11:48 am
proven in court i'm ready to rule in favor of david's client. >> you're ready to rule? hang on, i have experience buying lotto tickets and i've had $100 and a dream or two. i know if your he' buying multiple tickets they don't always fit on one and spill over into another, if you're spending $27 or more, on tickets. so, here is what we do know, there was a rule that they would have to go someplace else to buy their own personal tickets if she's telling the truth she violated and number two, the winning tickets were always quick picks. the winning ticket in this case, even if it's on her own ticket with other numbers, was a quick pick. we cannot prove by a preponderance of the evidence that that was her sole ticket. >> megyn: wait a minute, for those of us who do not play the lotto because we're realistic people, when you do the quick picks, you can't put in your own personal numbers? >> you can do a quick pick-- yeah, you can have a ticket that
11:49 am
has a quick pick and personal numbers. and how do we know that the quick pick on the personal ticket isn't the group ticket. >> megyn: go ahead. >> because, that's where the two minute delay is critical. 2:26, all those group tickets are spit out and the machine does it quickly. two minutes later, she gets the ticket that is her personal ticket that contains the individual birthdays that you have to write out on the ticket, megyn, you have to do it that way and then it comes up and the winning one happens to be there and that is your preponderance of the evidence that it's-- >> if she can show a lottery ticket, the winner, prove, not just 27 was my favorite number, but if she can prove my granddaughter was born and 11-27-you know 12 or 11 and those numbers are on there, then she's going to win. >> i don't know if she's going to win, megyn, again, the winning numbers were quick picks. now, is she going to bring in the birth certificates and
11:50 am
marriage certificates of those significant numbers that proves it's hers. >> megyn: it's 9 million dollar at stake, of course it is. >> you know what else is at stake, karma, i think karma is going to win. they had this rule going forever those old bitties at the beauty salon. i mean, beauty, beauty. >> megyn: that's what i meant. >> and the contract agreement is written on. this is the contract that the agreement was written on. >> you don't need a written agreement for a lotto. >> megyn: correct me if i'm wrong, she is claiming-- they're claiming at best it's an unwritten rule and she's claiming she didn't know anything about a rule she wasn't allowed to buy for herself as well as for them. >> i've got to tell you, i've bought pool tickets and a separate individual personal ticket for myself. what you've got to do. copy it, the way to solve it, copy it the personal tickets on one and pool tickets on another and they didn't do that. and she's got a strong case because of the time differential between the purchase and-- >> here is what i think, the
11:51 am
folks at lou's creative styles are going to need creative lawyering to win this case. panel, thank you. we'll be right back. >> thank you, megyn. this one lets us know what happens if we get new credit cards. oh. this one here lets us know what happens if they raise our credit card limit. yeah. what's this one do? i dunno. may i respond negatively about your porcelain poodle? this should be in the trash. score planner is free to everyone. free score applies with enrollment in fancy bear slider still in beta.
11:52 am
11:53 am
11:54 am
every day companies across the country and our own government collect data on just about everything. from our interests, to what we buy, where we've been, but could by data become big brother and threaten your personal liberty? we're looking into that very thing. >> the utah data center is like a giant thumb drive, a massive forge facility south of salt lake, and called an ic. intelligent community facility which heavens it's so secret you can't gate tour so our
11:55 am
investigative team took to the skies and while the n will not con official or deny what happens at the facility. it could hold five 'zeta bytes. and that stretches past the moon, and a former nsa employee turned whistle-blower warned. >> it's really a turn-key situation writ can be turned quickly and become a totalitarian state quickly. the capacity to do that is being set up. if we get the wrong person in office or in government, they could make that happen quickly. >> we have changed e-mails with the nsa request an oncamera interview. and we were denied.
11:56 am
>> will the utah data center hold the data of american citizens? >> no, dough don't hold data on u.s. citizens. people at nsa. they take protecting your civil liberties and privacy as the most important thing they do. in securing this nation. and so when people just show -- think they're going to have all this stuff at utah data center, that's baloney. >> the nsa says it has rules but their classified so we just have to trust them, megyn. >> you can see more of our special, your secret's out, by john roberts, sunday, 9:00 p.m. eastern. we'll be right back. ♪
11:57 am
[ male announcer ] purpose elevates what we do. raises it to a more meaningful place. makes us live what we do, love what we do and fills our work with rewarding possibility. aarp connects you to a community of experienced workers and has tools to help you find what you're good at. an ally for real possibilities. aarp. go to ♪ ♪ [ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the moist, chewy, deliciousness you desire. mmmm.
11:58 am
thanks. at 90 calories, the brownie of your dreams is now deliciously real.
11:59 am


info Stream Only

Uploaded by TV Archive on